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While you can't sue the trust itself, you CAN sue the grantor (owner) of the trust, because anything that's in the trust is treated as being owned by the grantor.
For instance, if you set up a revocable living trust and put all your assets in it, the trust DOES NOT protect your assets from seizure by creditors or judgments, because everything in the trust is still owned by you.
The main purpose of a revocable trust is for your heirs to avoid going through probate when you die; otherwise it provides no legal protection for you or your estate.
So to answer your question literally, no you can't sue the "trust", but if you're asking can someone seize money in the trust if they sue you and win, then yes, they most certainly can.
Wiki User
∙ 11y ago
No, a revocable living trust is considered a private agreement that typically does not involve litigation. Instead, disputes involving a trust are usually addressed through mediation or arbitration. If there are issues with the trust, it may be necessary to seek legal advice on how to resolve them within the parameters of trust law.
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Difference between a Revocable Living Trust and Dynasty Trust.?
A Revocable Living Trust allows the grantor to maintain control and make changes during their lifetime, while a Dynasty Trust is irrevocable and passes wealth to multiple generations. A Revocable Living Trust avoids probate but does not provide asset protection, unlike a Dynasty Trust which can protect assets from creditors and estate taxes for multiple generations.
Is the Settler of a Revocable Living Trust the person whos name appears on the Trust?
Yes, the settlor of a revocable living trust is the person who creates the trust by transferring assets into it. The settlor's name appears on the trust document as the creator of the trust.
What is the difference between a living trust and a revocable living trust?
A living trust and a revocable living trust are essentially the same thing. Both are legal arrangements where an individual (the grantor) places assets into a trust during their lifetime to be managed for the benefit of themselves and/or others. The key difference is that a revocable living trust can be changed or revoked by the grantor during their lifetime, whereas an irrevocable living trust cannot be changed once it is established.
In California can a spouse revoke a revokable living trust without the other knowing?
No, it is not possible for a spouse to revoke a revocable living trust without the other spouse knowing in California. Both spouses typically have rights and responsibilities in managing community property, including property held in a revocable living trust. Any changes made to the trust would likely require the knowledge and consent of both spouses.
Does a pour over will into a revocable living trust ever have to be probated?
No, assets held in a revocable living trust typically do not have to go through the probate process. When the individual passes away, the assets in the trust can be distributed according to the terms of the trust document without the need for probate.
Can the surviving spouse dissolve a revocable living trust for the purpose of disinheriting a beneficiary?
Typically, a surviving spouse cannot unilaterally dissolve a revocable living trust for the purpose of disinheriting a beneficiary if the trust was set up by both spouses. However, they may be able to amend the trust if it allows for changes to beneficiaries. It is important to consult with an attorney for specific legal advice in this situation.
What does the Revocable Living Trust provide?
A revocable living trust is very similar to a living will. The owner of money or property can determine what happens to their estate after their death.
Why would one work with a revocable trust?
Revocable trust includes many advantages. Revocable Trust's main advantage is the agreement provides flexibility and income to the living grantor.
Is a residuary trust revocable or non revocable?
A residuary trust is set forth in a Will and is non-revocable after the death of the testator. It can be amended or revoked while the testator is still living.
Difference between a Revocable Living Trust and Dynasty Trust.?
A Revocable Living Trust allows the grantor to maintain control and make changes during their lifetime, while a Dynasty Trust is irrevocable and passes wealth to multiple generations. A Revocable Living Trust avoids probate but does not provide asset protection, unlike a Dynasty Trust which can protect assets from creditors and estate taxes for multiple generations.
Do you capitalize the word trust when referring to a revocable living trust in the general sense?
No. You only need to capitalize the word "trust" or "trustees" when you are referring to the specific trust. For example: As referenced in the John Doe Revocable Living Trust. John Doe, as Trustee for the John Doe Revocable Living Trust. However, if you are simply refering to the trust, you do not need to capitalize the word trust. The above-mentioned trust contains limited authority for the trustees.
Can a person make their own revocable living trust?
Yes, a person can create their own revocable living trust. They can use estate planning software or online services to draft the trust document, ensure it follows state laws, transfer assets into the trust, and appoint a trustee to manage the assets. It's advisable to consult with a legal professional to ensure the trust is properly structured and meets the individual's specific needs and goals.
Where is the form for the irrevocable trust Is the living trust the same as an irrevocable trust?
The biggest difference between the trusts is that the Living Trust is revocable and can be changed over time. For detailed information visit: http://www.ultratrust.com/revocable-trusts-vs-irrevocable-trusts.html
Is an irrevocable trust a living trust?
Yes. There are two types of trusts, living (intervivos) and testamentary. The living trust is created by a living person(called the settlor or trustor). The testamentary trust is created by the will of a deceased person. Living trusts are designated as either revocable or irrevocable depending on the authority of the settlor. If the settlor has the power to cancel or revoke the trust, it is a revocable trust. If the settlor has no power to revoke it then it is an irrevocable trust. Since the revocable/irrevocable distinction is determined by what the settlor can do while he or she is alive, the trust had to have been made during the settlor's lifetime. Hence, an irrevocable trust is a living trust. On the other hand a trust that is set forth in a person's will is revocable during the life of the testator simply by a modification of the will through a codicil. Once the testator has died that trust becomes irrevocable.
Can a property held in a Revocable Living Trust qualify for the Florida homestead exemption?
Yes, property held in a Revocable Living Trust can qualify for the Florida homestead exemption as long as the requirements for the homestead exemption are met, such as using the property as a primary residence and meeting other criteria set by Florida law.
After a revocable living trust has been established can additional property be transferred to it?
Yes. If the trust was properly drafted property can be transferred in and out of the trust by the trustee.
Can assets be siezed if a trustee of an revocable living trust goes bankrupt?
Probably not. The trustee and the Trust are entirely different things.
